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Legal
2 August 2017SubmissionAustralian Citizenship Legislation (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017
The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee’s inquiry into the Australian Citizenship Legislation (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (Cth) introduced by the Australian Government. -
Aboriginal and Torres Strait Islander Social Justice
2 August 2023Webpage
The history of Aboriginal and Torres Strait Islander peoples advocating for the right to be heard
There is a long history of First Nations people advocating for the right to representation and participation in decisions that affect them. The events listed are a selection of moments in history when Aboriginal and Torres Strait Islander peoples have taken action to call for large-scale change by Australian governments to realise their Indigenous rights, demonstrating the history leading to the… -
Aboriginal and Torres Strait Islander Social Justice
1 March 2016Publication
Toomelah Report (1988)
The Toomelah community of five hundred Aboriginal people endures appalling living conditions which amount to a denial to them of the most basic rights taken for granted by most other groups in society, and by other Australian communities of similar size. Their houses are substandard and overcrowded, actually contributing to a range of diseases. The community has for decades lived without an… -
14 December 2012Book page
4 The use of wrist x-ray analysis
This chapter considers some of the Commonwealth’s practices regarding the use of wrist x-ray analysis as a means of assessing chronological age for the purposes of criminal prosecution. It highlights situations where the reliance on wrist x-rays as evidence of age was contrary to stated Australian Government policy; or where it contributed to individuals who were in fact children, or who… -
15 July 2014Book page
Chapter 5: Business and our human rights in the Declaration
5.1 Introduction The significant role of business to respect and support our human rights is increasingly being recognised. Although the protection of human rights remains the responsibility of government, business is realising that human rights are both relevant and fundamental to their operations. In many of the conversations I have had with business and community leaders across the… -
Legal
14 December 2012Webpage
Family Provisions Test Case
In performing its functions, the Commission must take account of the principles embodied in the Family Responsibilities Convention, in particular those relating to: -
14 December 2012Book page
2 Biomedical markers and the assessment of chronological age
Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the… -
Legal
14 December 2012Webpage
National Human Rights Consultation - Appendix 2
The Declaration recognises the legitimate entitlement of Indigenous people to all human rights – based on principles of equality, partnership, good faith and mutual benefit... -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
“I saw an Afghani guy cut his own throat in my compound – he was working with me in the kitchen that day, and after work, he went outside and he cut himself up everywhere. It was really hard. Even the officers started crying when this happened”. [17–year–old asylum-seeker] -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
COMMISSIONER OZDOWSKI: Welcome to everyone. I would like to formally open this public hearing, the first of a series of hearings to be conducted around Australia. My name is Sev Ozdowski and I am the Human Rights Commissioner of Australia, and I have with me two Assistant Commissioners; to my right Professor Trang Thomas who is Professor of Psychology at the Royal Melbourne Institute of… -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
Legal
14 December 2012Webpage
Submission - Inquiry into Older People and the Law (2006)
ADA: Age Discrimination Act 2004 (Cwth) CEDAW: Convention on the Elimination of all forms of Discrimination Against Women DDA: Disability Discrimination Act 1992 (Cwth) EOWA: Equal Opportunity for Women in the Workplace Agency HREOC: … -
14 December 2012Book page
Native Title Report 2001: Chapter Two: Resourcing Equality
The recognition and protection of native title and the participation of Indigenous people in decisions affecting their land are critical priorities within a human rights framework. -
Sex Discrimination
14 December 2012PublicationPregnancy Guidelines (2001)
The Pregnancy Guidelines follow the Commission's Report of the National Inquiry into Pregnancy and Work, Pregnant and Productive: It's a right not a privilege to work while pregnant, commissioned by the federal Attorney-General in August 1998. -
Legal
14 December 2012Webpage
Workplace Relations Amendment (WorkChoices) Bill 2005
Mr John Carter, Secretary Senate Employment, Workplace Relations and Education Committee Department of the Senate Parliament House Canberra ACT 2600 By email: eet.sen@aph.gov.au -
Legal
14 December 2012Webpage
Submission: Australia's Future Tax System (Retirement Income System) (2009)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the Review Panel on Australia’s future tax system (‘the Review’). The submission specifically addresses Australia’s retirement income system. -
Rights and Freedoms
18 May 2017PublicationOPCAT in Australia Consultation Paper (2017)
OPCAT in Australia Consultation Paper MAY 2017 Table of Contents 1 Introduction 2 What is OPCAT? 2.1 National Preventive Mechanism 2.2 Sub-committee on the Prevention of Torture 3 The NPM model 4 Key issues for consideration 4.1 Stocktake of places of detention 4.2 Definitional issues – what does OPCAT cover? 4.3 Progressive implementation of OPCAT 4.4 Scope of the role of the NPM 4.5… -
Legal
14 December 2012Webpage
National Security Legislation Amendment Bill 2010 and Parliamentary Joint Committee on Law Enforcement Bill 2010
The Australian Human Rights Commission (the Commission) makes this submission to the Senate Legal and Constitutional Affairs Committee in its Inquiry into the National Security Legislation Amendment Bill 2010 (the Bill) and the Parliamentary Joint Committee on Law Enforcement Bill 2010. -
14 December 2012Book page
HREOC Report No. 27
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint made by Ms KJ on behalf of herself and her son MJ. I have found there to have been an act done on behalf of the Commonwealth which was inconsistent with and contrary to the human rights of MJ. -
15 July 2014Book page
Chapter 1: How far have we come? Looking back on 20 years of the Social Justice Commissioner role
1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all…